Circular No. 19/1999/TT-BNN/DTXD on guiding the implementation of bidding regulations for investment projects of units under the Ministry of Agriculture and Rural Development

CIRCULAR

Amending and supplementing Circular No. 08-NN-ĐTXD/TT-Construction/Notice dated September 20, 1997

Regarding guiding the implementation of bidding regulations for investment projects of units under the Ministry of Agriculture and Rural Development

On September 20, 1997, the Minister of Agriculture and Rural Development issued Circular No. 08-NN-ĐTXD/TT guiding the Bidding Regulations promulgated together with Decrees No. 43/CP dated July 16, 1996 and No. 93/CP dated August 23, 1997 of the Government.

To meet the requirements of management and implementation of bidding work for investment projects under the Ministry's jurisdiction in the new situation, while awaiting the State to officially issue new bidding regulations to replace the old ones promulgated according to Decrees No. 43/CP and No. 93/CP of the Government, the Ministry temporarily supplements and amends some points in Circular No. 08-NN-ĐTXD/TT as follows:

I. GENERAL PROVISIONS

1. Clause 1. Adding Point 1.4

Tender packages that are allowed to be directly assigned must conduct contract condition negotiations with contractors before construction begins, ensuring that the contract value does not exceed the approved bid acceptance price.

2. Clause 3. Supplementing at the end of Point 3.3

The tender invitation documents should follow a common model prescribed by the Ministry, including a technical explanation section according to types of work: earth and rock excavation, concrete, stone paving, carpentry, masonry, ironwork, equipment installation, mechanical, electrical and water works... or according to types of projects: civil architectural, industrial, transportation, irrigation, agricultural and forestry processing projects...

Any conditions different from the common model will be included in a separate section for the convenience of contractors.

Along with the main volume table, there should be a list of design drawings handed over to the contractor, and the contractor is required to calculate and check these volumes carefully. If discrepancies are found, the contractor must submit a written request to the tender inviter for clarification before officially setting the bid price.

In case the contractor fails to check carefully and misses volumes but still prices the bid and wins the tender, the missing volumes will not be supplemented or paid.

3. Clause 4. Supplementing the content

Limited bidding must invite at least five contractors to participate. If the number of participating contractors is insufficient by the time of bid closing, the project investor must promptly report to the investment decision-making authority for consideration.

4. Clause 8. Amending the entire content

Before the bid closing time, the tender inviter must prepare and submit the bid evaluation price to the investment decision-making authority for approval after the bid closing time and before the bid opening time.

The bid evaluation price will be announced immediately at the bid opening time.

The bid evaluation price is based on the tender invitation documents and must be consistent with the Project Estimate, Total Estimate, or Detailed Estimate approved.

For tender packages of imported equipment, if the bid evaluation price cannot be accurately determined, the project investor must submit the basis for determining the bid evaluation price to the investment decision-making authority.

The winning bid price must not exceed the bid evaluation price.

5. Clause 9. Adding Point 9.3

Contractors who violate during the construction process, such as failing to ensure quality or progress, or engaging in bid buying or selling... shall be reported by the tender inviter to the investment decision-making authority to exclude them from participating in subsequent tender packages. If a contractor performs well, exceeds the schedule, and strictly fulfills the signed contract, they will be given priority to participate in subsequent tender packages.

II. PROCEDURES FOR ORGANIZING BIDDING

6. Clause 2:

a) Supplementing at the end of Point 2.1.

It is not allowed for contractors to know the general list of invited bidders. The tender invitation letter must be sent individually to each bidder in the shortlisted list or the list approved by the investment decision-making authority (for limited bidding). The Department of Investment and Construction has the responsibility to separately inspect each bidder's invitation process to ensure fairness and impartiality. b) Adding Point 2.3.

Before the bid opening date, the tender inviter must send the list of bidders who have purchased the tender documents to the reviewing agency along with the time for submitting the bid evaluation price for approval. 7. Clause 4

a) Supplementing

- At the time and place specified in the announcement or invitation letter, valid tender documents (submitted before the bid closing time, properly sealed) will be publicly opened at the bid opening location. b) Supplementing at the end of Point 4.1

- Local government representative (for irrigation projects).c) Adding Point 4.2.3.

- During the bid opening process, if the contractor only seals the envelope containing all documents but not each original and copy separately, the tender inviter must require the contractor to reseal them immediately in the presence of representatives. After the bid opening session, the tender inviter must immediately send the unopened sealed tender documents and the bid opening minutes to the reviewing agency.

8. Clause 5

Adding Point 5.3. Disqualifying tender documents, invalidating bid results, and rebidding.

5.3.1. Disqualifying tender documents.

In addition to the tender documents disqualified under Point 5.1, further disqualification is necessary in the following cases:

There is evidence showing that the contractor has contact with the tender inviter or the bid evaluation team, affecting the bid evaluation results and ranking of contractors.

5.3.2. Invalidating bid results and rebidding in the following cases:

- The tender package has significant changes in design structure, quantity, and price compared to the tender invitation documents.

- All tender documents fail to meet the basic requirements of the tender invitation documents.

- There is evidence showing that contractors have engaged in negative actions, unfair competition, or collusion to invalidate the bidding process, and the organization of the bidding process has serious violations.

- The number of contractors is insufficient, but the bid opening proceeds without permission from the competent authority.

III. MANAGEMENT OF BIDDING

9. Clause 2. Supplementing at the end

III. BID MANAGEMENT

9. Clause 2. Supplement the end portion

Annually, the Investment and Construction Department is responsible for ranking the capacity (technical construction quality, experience, schedule, and finance) of contractors who have participated in tender packages under projects managed by the Ministry of Agriculture and Rural Development, according to the scale and specific type of works, as a basis for selecting winning contractors.

This Circular takes effect fifteen days from the date of signature./.